Data Sharing and the 1033 Rule: An Industry Perspective with Ramon Gomez
Mar 6, 2024
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Ramon Gomez, Managing Director at JPMorgan Chase, discusses the implications of Section 1033 of the Dodd-Frank Act on consumer data sharing. Topics include screen scraping risks, CFPB oversight, FDX standards, and coordinated regulatory efforts to protect consumer data in the financial sector.
Section 1033 promotes open banking for competition and consumer benefits through secure APIs.
Regulatory coordination is essential to balance consumer data access with security amidst evolving risks.
Deep dives
Origin and Policy Objectives of Section 1033 and the Evolution of Data Sharing Conventions
Section 1033 of the dot frag act, passed in 2010 after the financial crisis, mandates covered entities to provide consumers with transaction information electronically. The proposed rule expands to promote open banking, aiming for competition, lower costs, and better services. Screen scraping, criticized for privacy risks, contrasts with secure APIs that offer controlled data sharing. The Financial Data Exchange (FDX) standardizes access, benefiting over 65 million accounts.
Balancing Data Security and Consumer Data Access in Financial Regulation
Concerns arise on balancing consumer data access with security amidst risks like data breaches. Banning screen scraping enhances data privacy, while APIs offer secure and controlled data sharing. Mandating data sharing for payments and lacking specificity on oversight of aggregators pose challenges. Regulatory coordination and ensuring consumer control over data sharing are crucial.
Evolution of Financial Regulation Amidst Broad Data Sharing
Financial regulation faces transformative changes with broad data sharing. Coordination between regulators and rationalizing data protection rules are essential. Joint rulemaking between agencies like CFPB and Prudential Regulators is proposed to address systemic risks. The era calls for comprehensive frameworks to adapt to evolving banking practices and emerging risks in data usage.
Ramon Gomez — Managing Director, Regulatory Affairs at JPMorgan Chase — joins RegFi co-hosts Jerry Buckley and Sasha Leonhardt for a conversation about Section 1033 of the Dodd-Frank Act and its implications for consumer data sharing. Ramon helps unpack Section 1033 and how it aligns with the substance of the CFPB’s proposed rulemaking, particularly with respect to “screen-scraping” and related privacy risks, CFPB oversight of data aggregators and other third parties, and the role of standard setting organizations such as FDX in establishing common industry practices. The discussion wraps up with a broad look at data sharing in the financial sector, including the benefits of coordinated federal and state regulatory efforts to manage and protect consumer data.